Privacy and Cookie Policy

Privacy and cookie policy

This Privacy Policy sets out how we, the Data & Marketing Commission (DMC) process your personal data. We take the privacy of your personal data very seriously and all data captured will be used and held in accordance with the requirements of the Data Protection Act 2018.
The DMC is the body which oversees and enforces the DMA’s Code. We do this by investigating complaints, and scrutinising data & marketing issues and practices.

The DMC is the controller. If you have any requests concerning your personal data or any queries with regard to how we handle your data you can contact us by phone on 020 7291 3350, email dm@dmcommission.com or write to us at DMC, DMA House, 70 Margaret Street, London, W1W 8SS.

Purpose of processing your personal data

1.Activity:Completing a complaints form on the website

Purpose of processing: Dealing and investigating the complaint; internal administration processes; provide you with information relating to the complaint

Lawful basis:Contract

2. Activity:Collecting feedback via the website

Purpose of processing:This is to take the views of consumers, marketers, government and stakeholders for our own internal use only.

Lawful basis: Consent

3. Activity: DMC updates

Purpose of processing:To send out updates after adjudications to those who have requested it.

Lawful basis: Consent

We will investigate any complaint made against a DMA member that relates to one-to-one marketing activity and falls under the scope of the DMA Code. Upon receipt of a complaint, the Secretariat will raise the matter directly with the member together with a copy of the materials provided by the complainant. The Secretariat may also request that the member responds directly to the complainant.

The legal basis on which we rely are:

Contract – processing of your personal data is necessary for us to administer the relationship between ourselves and our suppliers/members/complainants in connection with the performance of a contract.

Consent – For collecting feedback or sending DMC updates we will use consent when you submit an email address expressly for the reason of providing feedback or to allow us to send out adjudication updates. We will always make it clear what your data will be used for and provide a link to our privacy policy. You can change your mind at any time.

1. Marketing
We will use your personal data to send you DMC updates if you have expressly asked for this. We will only send you information in line with the preferences you indicated when you provided the personal data.

If at any point you would like to opt out of receiving communications from us, or would like to change the channels (such as email or post) that we use to contact you, please contact us at dm@dmcommission.com or write to us at Data & Marketing Commission (DMC), DMA House, 70 Margaret Street, London W1W 8SS.

2. Recipients/categories of recipients
In carrying out our business including our obligations to you, we use sub-contractors. These will be businesses for web hosting and development. We may also refer complaint information following formal adjudications which would include your data, to statutory bodies such as the Information Commissioner’s Office or Trading Standards.

3. Retention periods
The DMC will need to retain data indefinitely for the purpose of background information in the event of future cases as well as if requested for reasons of law and order. This would apply to materials kept at the DMA as well as the archive library of adjudications on the DMC website.

In terms of personal data we use for marketing, we will keep this data for as long as we are able to market to you and if you withdraw your consent or opt-out of marketing communications, we will keep your contact details only to ensure that we do not contact you again for marketing purposes.

4. Data subject’s rights
You have rights in respect of your personal data. We will need to confirm your identity before we can consider your request so, if you wish to exercise any of these rights, we will need a copy of your passport, driving licence or utility bill.

The right to be informed – you have the right to be told about the collection and use of the personal data you provide. This privacy policy sets out the purpose for which we process your personal data, how long we will keep your data, who we will share your data with. If you have any questions on how and why we process your data please contact us at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-be-informed/

Right of access – you have the right to know whether we are processing your personal data, and to a copy of that data. We would need as much information as possible to enable us to locate your data. We will respond to your request within 28 days of receipt of your request. If you want to exercise this right, please contact us at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

Right to rectification – you have the right to have any incorrect personal data corrected or completed if it is incomplete. You can make this request verbally or in writing. We will need as much information as possible to enable us to locate your data. We will look at any request and inform you of our decision within 28 days of receiving the request. If you want to exercise this right, please contact us at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-rectification/

Right to erasure – this right, often referred to as the right to be forgotten allows you to ask us to erase personal data where there is no valid reason for us to keep it. We will look at any request and inform you of our decision within 28 days of receiving the request. If you want to exercise this right, please contact us at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/

Right to restrict processing – you have the right to ask us to restrict processing of your data. We will look at any request and inform you of our decision within 28 days of receiving the request. If you want to exercise this right, please contact us at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-restrict-processing/

Right to object – you have the right to object to our processing of your personal data based on (i) legitimate interests, or for the performance of a task in the public interests/exercise of official authority (including profiling); (ii) direct marketing (including profiling); and (iii) for purposes of scientific/historical research and statistics.
(i) Legitimate interests/legal task – your objection should be based on your particular situation. We can continue to process the data if we can demonstrate compelling legitimate grounds which override your interests.
(ii) Direct marketing – you have an absolute right to ask us to stop processing for the purposes of direct marketing. We will action your request as soon as possible.
(iii) Scientific/historical research and statistics – your objection should be based on your particular situation. If we are conducting research where the processing is necessary for the performance of a public task, we can refuse to comply with your objection.
If you want to exercise this right, please contact us at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-object/

5. Processing based on consent
Where we process your personal data based on your consent you have the right to withdraw that consent at any time without reason. You can opt-out by using the unsubscribe/opt-out in any marketing we send you and you can contact us using the contact details above.

6. The right to lodge a complaint to the supervisory authority
If you are unhappy with any aspect of our handling of your data you can make a complaint to the Information Commissioner’s Office – https://ico.org.uk/concerns/

7. Cookies
A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about cookies on http://www.allaboutcookies.org/

Most browsers will allow you to turn off cookies. If you want to know how to do this please look at the menu on your browser, or look at the instruction on http://www.allaboutcookies.org/ Please note however that turning off cookies will restrict your use of our website.

How to disable and consequences: Disable in browser settings. No user impact.

2. Cookie: cookpol=accept

What it does: Cookie used to check if user has accepted cookie policy.

How to disable and consequences: Disable in browser settings. Site will continue to ask user to accept cookie policy.

3. Cookie: PHPSESSID

What it does: These are used to keep track of information needed by a user as they travel from page to page within a website. These cookies have a short lifetime and expire within a few minutes of the user leaving the site.

How to disable and consequences: Disable in browser settings. Parts of site may not function.

8. Third party websites
Our website may contain links to other websites that are outside our control and are not covered by this Privacy Policy. If you access other sites using the links provided, the operators of these sites may collect information from you that will be used by them in accordance with their privacy policy, which may differ from ours.

9. Changes to the privacy policy
This privacy policy is regularly reviewed and will be updated when necessary. If we make any significant changes to the policy we will communicate these to you.